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upon the reviewal by the proper circuit or probate judge of
the proceedings and testimony taken or had on the trial, be
approved; and that if such sentence be disapproved, such
police court or justice is hereby authorized to pass sentence
as in other cases provided by law.

This act is ordered to take immediate effect.
Approved June 24, 1891.

[ No. 155. ]

AN ACT making an appropriation for the maintenance and

support of the Mining School at Houghton, in the county of Houghton, Michigan, for the years eighteen hundred and ninety-one and eighteen hundred and ninetytwo.

SECTION 1. The People of the State of Michigan enact, appropriation. That the sum of fifty-seven thousand six hundred dollars be and the same is hereby appropriated out of the general fund in the State treasury not otherwise appropriated, for the support and maintenance of the Mining School at Houghton, in the county of Houghton, Michigan; of which sum one-half shall be used during the year eighteen hundred and ninety-one and the remainder during the year eighteen hundred and ninety-two, for that purpose.

SEC. 2. The Auditor General shall add to and incorpo- Tax for. rate with the State tax for the year eighteen hundred and ninety-one the sum of twenty-eight thousand eight hundred dollars, and for the year eighteen hundred and ninety-two the sum of twenty-eight thousand eight hundred dollars, to be assessed, levied and collected as other State taxes are assessed, levied and collected, which sums, when collected, shall be placed to the credit of the general fund to reimburse it for the sum appropriated by section one of this act.

This act is ordered to take immediate effect.
Approved June 24, 1891.

[ No. 156. ] AN ACT to regulate the interest of money on account,

interest on money, judgments, verdicts, etc.

interest fixed.

SECTION 1. The People of the State of Michigan enact, Legal rate of That the interest of money shall be at the rate of six dollars upon one hundred dollars for a year, and at the same rate for a greater or less sum, and for a longer or shorter time, except that in all cases, it shall be lawful for the

Proviso,

Taking of usury not to void note, etc.

parties to stipulate in writing, for the payment of any rate of interest not exceeding eight per cent per annum: Provided, That this act shall not apply to existing contracts whether the same be either due, not due, or part due.

SEC. 2. No bond, bill, note, contract or assurance, made or given for or upon a consideration or contract, whereby or whereon a greater rate of interest has been, directly or

indirectly, reserved, taken or received, than is allowed by Interest forfeited law, shall be thereby rendered void; but in any action

brought by any person on such usurious contract or assurance, except as is provided in the following section, if it shall appear that a greater rate of interest has been, directly or indirectly, reserved, taken or received, than is allowed by law, the defendant shall not be compelled to pay any interest thereon.

SEC. 3. Whenever it shall satisfactorily appear by the admission of the defendant, or by proof that any bond, bill, note, assurance, pledge, conveyance, contract, security, or any evidence of debt has been taken or received in violation of this act, the court shall declare the interest thereon to be void.

SEC. 4. All acts or parts of acts contravening the provisions of this act are hereby repealed.

Approved June 24, 1891.

When courts to declare interest void.

Repealing clause.

[ No. 157.]

Clerical help authorized

Expense of.

How paid, etc.

AN ACT for the relief of the Supreme Court by author

izing the justices thereof to employ clerical help, and appropriating money to pay for the same. SECTION 1. The People of the State of Michigan enact, That each of the justices of the Supreme Court be and is hereby authorized to employ necessary clerical help to assist him in the performance of such clerical work in connection with his office as he may deem expedient, not exceeding an expense aggregating eight hundred dollars for each justice in any one year.

SEC. 2. Such help shall be paid by the Auditor General on a bill rendered by the person so employed and the certificate of either of said justices that the work charged for has been performed for the State of Michigan at the request of such justice.

Sec. 3. That there be and the same is hereby appropriated out of moneys in the treasury to the credit of the general fund, and not otherwise appropriated, for the year one thousand eight hundred and ninety-one and each year thereafter, the sum of four thousand dollars for the purpose of paying the clerical help provided for in section one of this act: Provided, That any money hereby appropriated

Appropriation for, etc,

Provise.

for any year and not used shall at the end of such year be
transferred by the treasurer to the credit of the general
fund.

This act is ordered to take immediate effect.
Approved June 21, 1891.

[ No. 158. ] AN ACT to prevent the spread of the yellows, a contagious

disease, among peach, almond, apricot and nectarine trees, and to provide measures for the eradication of the same, and to repeal act thirty-two of the session laws of eighteen hundred and seventy-nine.

SECTION 1. The People of the State of Michigan enact, Unlawful to keep That it shall be unlawful for any person to keep any peach, with disease or almond, apricot, plum, prune, cherry or nectarine tree, sell the fruit. infected with the contagious diseases known as the yellows or black knot, or to offer for sale or shipment, or to sell or ship to others any of the fruit thereof; that both tree Trees and fruit and fruit so infected shall be subject to destruction as pub

to be destroyed. lic nuisances as hereinafter provided, and no damages shall be awarded in any court in the State for entering upon premises and destroying such diseased trees or parts of trees and fruit if done in accordance with the provisions of this act; and it shall be the duty of every person, as soon as he becomes aware of the existence of such disease in any tree, parts of trees or fruit owned by him, to forthwith destroy or cause said trees or fruit to be destroyed. SEC. 2. In any township in this State in which such con- Duty of township

board to appoint tagious disease exists, or in which there is good reason

to commissioners. believe it exists, or danger may be justly apprehended of its introduction, as soon as such information becomes known to the township board or any member thereof, it shall [be] by the duty of said board to appoint forth with three competent freeholders of said township as commissioners, who shall hold office during the pleasure of said board, and such order of appointment and of revocation shall be entered at large upon the township records.

SEC. 3. It shall be the duty of said commissioners, within Commissioners ten days after appointment as aforesaid, to file their acceptances of the same with the clerk of said township, and said Township clerk

to be clerk clerk shall be ex officio clerk of said board of commissioners, and he shall keep a correct record of the proceedings of said board in & book to be provided for the purpose, and shall file and preserve all papers pertaining to the duties and actions of said commissioners, or either of them, which shall be a part of the records of said township.

to flle acceptance.

board,

Duty of commis-
sioners on neg.
le
destroy trees,
etc.

Duty of commis- Sec. 4. It shall be the duty of the commissioners or any sioners.

one of them upon or without complaint, whenever it comes to their notice that either of the diseases known as yellows

or black knot, exist, or is supposed to exist, within the limTo mark trees its of their townships, to proceed without delay to examine and notify owner,

the tree or fruit supposed to be infected, and if the disease is found to exist, a distinguishing mark shall be placed upon the diseased trees and the owner notified personally, or by a written notice left at his usual place of residence, or if the owner be a non-resident, by leaving the notice with the

person in charge of the trees or fruit, or the person in whose What notice shall possession said trees or fruit may be. The notice shall concontain,

tain a simple statement of the facts as found to exist, with an order to effectually uproot and destroy, by fire, or as the commissioner shall order, the trees so marked and designated, or such parts thereof within ten days, Sundays excepted, from the date of the service of the notice; and in case of trees known as nursery stock, or fruit so infected, such notice shall require the person in whose possession or control it is found to immediately destroy the same, or cause it to be done, said notice and order to be signed by the full board of commissioners.

SEC. 5. Whenever any person shall refuse or neglect to owner to comply with the order to remove and destroy the tree, or

parts of trees so designated and marked by the commissioners as aforesaid, it shall become the duty of the commissioners to cause said tree, or parts of trees to be removed and

destroyed forthwith, employing all necessary aid for that Expense a town. purpose. The expenses for such removal and destruction of ship charge, etc. Trees, or parts of trees, to be a charge against the township,

and for the purpose of said removal and destruction, the said commissioners, their agents and workmen, shall have the right and power to enter upon any and all premises

within their township. Penalty for neg. Sec. 6. If any owner neglects to uproot and destroy, or lecting to destroy

cause to be removed and destroyed as aforesaid, such diseased tree, or parts of trees or fruit, after such examination and notification, and within the time hereinbefore specified, such person shall be deemed guilty of a misdemeanor, and punished by fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months, or both, in the discretion of the court; and any justice of the peace of the township where such trees may be, or where such nursery stock or fruit is sold, shipped, disposed of or delivered as aforesaid, shall have jurisdiction thereof. The words “ parts of trees,” wherever used in this act shall refer to the black knot only and not to trees affected with

the yellows. Compensation of

Sec. 7. The commissioners shall be allowed for services, etc.; liow pald,

under this act, two dollars for each full day and one dollar for each half day, and their other charges and disbursements hereunder, to be audited as well as any other charges and

trees, etc.

commissioners,

.

disbursements under this act, by the township board, all of May be recovered which costs, charges, expenses and disbursements, may be from owner. recovered by the township from the owner of said diseased fruit, or from the owner of the premises on which said diseased trees stood, in an action of assumpsit.

SEC. 8. All of act number one hundred and seventy-four Repeallng of the public acts of eighteen hundred and eighty-one, be clause. and the same is hereby repealed.

This act is ordered to take immediate effect.
Approved June 24, 1891.

[ No. 159. ]

AN ACT to regulate the taking and catching of fish in the

inland lakes of this State.

in

act,

SECTION 1. The People of the State of Michigan enact, Unlawful to fish That it shall not be lawful for any person to take, catch or except with hook kill, or attempt to take, catch or kils, any fish in any of the and line, etc. inland lakes in this State with any kind of spear or graphook, or by the use of jacks or artificial light of any kind, or by the use of set lines or night lines, or any kind of net, or any kind of fire-arms, or explosive, or other device except the hook and line.

SEC. 2. In all prosecutions under this act it shall be what to be eviprima facie evidence, on the part of the people, of the violence of solalations of the provisions of this act, to show that the defendant was found

upon

the waters of said lakes with spear, net, trap net, set lines, jack or artificial light of any kind, or with dynamite, giant powder, or any other explosive substance or combination of substances.

Sec. 3. Any person violating any of the provisions of Penalty for viothis act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five dollars and costs of prosecution, or imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment, in the discretion of the court: Provided, That this act shall not operate to repeal any local Proviso. acts heretofore passed relative to the same subject.

Approved June 24, 1991. .

lation, etc.

[ No. 160. ]

AN ACT to require all gravel and plank road companies

doing business in the State to cut and destroy all noxious weeds growing on lands occupied by them.

SECTION 1. The People of the State of Michigan enact, when must cut That all gravel or plank road companies doing business in noxious weeds.

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